Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - Luxembourg (Ratification: 1958)

Referring to its observation, the Committee requests the Government to supply additional information on the following point.

Articles 5(a) and 9 of the Convention. Cooperation and collaboration with regard to monitoring occupational safety and health. The Committee notes the indication in the Government’s report that the inspectorate is going through a period of change, especially in view of the need to take account of the work done by former customs officers, which affects the establishment of definitive procedures at this stage. According to the information provided by the Government in its 2008 report, the Labour and Mining Inspectorate (ITM) had worked on drafting and amending various legislative texts relating to its various spheres of competence, including those coming within the scope of application of the present Convention, namely, safety and health on temporary or mobile worksites. Moreover, several drafts of Grand Ducal Regulations have been submitted to the Ministry of Labour and Employment. The Committee notes in particular, because of the link with the subjects covered by the Convention, the draft relating to worksites involving problems with asbestos (asbestos cement, friable asbestos/flocking and asbestos removal) and the draft relating to exposure to hazardous substances in the workplace, and notes that the inspections in this context in 2008 were conducted by inspection bodies regarding which it is unclear whether these were activated by the labour inspectorate or whether they were bodies acting autonomously. The Committee requests the Government to supply information on the status and role of the inspection bodies whose annual report for 2008 indicates that they undertook inspections on sites involving asbestos, and also on exposure to hazardous substances in the workplace, and requests it to supply copies of the texts of the certificates of approval adopted pursuant to section L.614-3(7) of the Labour Code, which establish the relationship with the Labour and Mining Inspectorate, and also the operational arrangements for each sphere of action (Article 9).